Rosebay Accent Table

Order Acceptance

All orders are subject to acceptance by Ambella Home Collection (referred to as AHC) and subsidiaries of AHC.

Entire Agreement

Acceptance of orders is based on the express condition that you, the BUYER, agree to all the terms and conditions listed within this document. Acceptance of delivery by the BUYER, or an agent for the BUYER, will constitute BUYER’S assent to these terms and conditions. These terms and conditions represent the complete and exclusive agreement between AHC and BUYER, and no terms and conditions in any way adding to, modifying or otherwise changing the provisions stated within, shall be binding upon AHC unless made in writing and signed by an officer of AHC. These terms and conditions supersede any prior agreements between BUYER and AHC. No modifications of any of these terms will be affected by AHC’s shipment of goods following receipt of BUYER’s purchase order, shipping request, or similar forms containing terms and conditions that conflict with the terms listed within.

Prices and Terms

Prices are subject to change without notice. All prices are exclusive of other charges and freight charges. All established accounts with terms shall be paid as agreed upon. A minimum deposit of fifty percent (50%) of the total purchase price is required before an order is considered valid. Orders for items/products that are in stock (fabric, upholstery, casegoods) require payment in full at the time of order placement. A service charge of 2.5% per month, or the maximum permissible rate, will be added to all accounts not paid within 60 days from the date of invoice for final balance due. Orders must be paid in full including: shipping, handling, crating and packing, storage, taxes and service charges, prior to shipping. BUYER may remit payment via ACH transfer, check, or credit card. A processing fee of three percent (3%) will be applied to all credit card transactions. Payment made by ACH transfer or check will not incur this fee. ACH transfer is the preferred payment method and is encouraged.

Textiles: The minimum order for fabric is two (2) yards. A cut fee of $50 will be charged for any orders less than two yards. Fabric is sold in half yard increments. The minimum order for leather is two (2) hides. There will be a $20 handling charge added to all fabric and leather orders.

Storage Fees

AHC will charge a storage fee of 5% per month for all items not picked up within seven (7) days from the date of invoice for the final balance due.

Cancellation of Orders

All products are custom made-to-order. Upholstery orders are not cancelable after ten (10) working days, or once the fabric is cut. Items are not returnable unless prior written authorization from AHC is received. Changes in orders, returns, or cancellations require written acceptance from AHC. Such orders will be subject to: change, cancellation, or restocking fees of up to 50% of the selling price. Orders for any special products cannot be canceled. Any fabrics that have been cut, treated, or processed are not returnable.

Force Majeure

All quoted completion and delivery dates are estimates only and subject to change by AHC. AHC shall not be liable for delays in completion, shipment, or default delivery for any reason of force majeure or any cause beyond AHC reasonable control, including but not limited to: (a) government action, war, terrorism, riots, civil unrest, embargoes, or martial laws; (b) AHC inability to obtain necessary materials from its usual sources of supply; (c) shortage of labor, raw materials, production or transportation facilities, or other delays in transit; (d) labor difficulty involving employees at AHC or others; (e) fire, earthquake, storm, flood, or other acts of God; (f) other contingencies of manufacture or shipment. In the event of any delay in AHC performance due in whole or in part to any cause beyond AHC reasonable control, AHC shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by BUYER of any goods shall constitute a waiver by the BUYER of any claim for damages on account of any delay in the delivery of such goods.

Taxes

All taxes and excises of any nature whatsoever now or hereafter levied by the government, whether federal, state or local, either directly or indirectly, upon the sale or transportation of any goods hereby shall be paid by the BUYER.

Title/Risk of Loss

Delivery of goods to a carrier shall be deemed as delivery to the BUYER, and thereupon title to such goods, and risk of loss or damage, shall belong to the buyer. Any claims by the buyer against AHC or carrier for shortage or damage occurring prior to such delivery must be made in writing within forty-eight (48) hours of receipt of shipment and accompanied by the original transportation bill signed by the carrier noting that the carrier received the good from AHC in the conditions claimed. 

Method of Shipment

AHC will arrange shipment unless the BUYER specifies the shipment method. Any shipments returned to AHC as a result of the BUYER’S unexcused delay or failure to accept delivery will require the BUYER to pay all additional costs incurred by AHC, including storage fees.

Warranty and Disclaimer

Except as specified herein, AHC warrants that any goods sold hereunder will be free from defects in workmanship and materials for one (1) year to the original buyer. This warranty does not apply to breakage or damage resulting from misuse, dramatic variations in temperature, neglect, abuse, mishandling, or wear and tear resulting from normal use. AHC’S obligation under this warranty is limited to repair or replacement of the product or parts covered by this warranty that are in AHC’S sole discretion. Products that are found defective will be replaced within the normal production time period required to reorder and manufacture the same product. Refunds are not available.

Furniture:  Many wood and metal finishes are applied by hand and may vary in color, tone and character. While AHC will make every effort to match a finish, no guarantee can be made of an exact match. AHC does not guarantee finishes against fading and/or oxidizing. Variations in color and veining are inherent in stone and wood and are considered part of the natural beauty. Furniture is handmade and therefore is subject to slight variations. 

Fabric:  AHC does not guarantee fabrics, dyed or natural, from fading. This warranty does not apply to COM products or other materials applied to AHC products. The suitability of a fabric, leather, trim, or any other applied material for any use, is entirely at the discretion of the BUYER. BUYER is responsible for all information related to required testing and treatment for any fabrics purchased. Requirements may vary by application and jurisdiction. LEAD TIME FOR COM ITEMS WILL START UPON RECEIPT OF THE COM. ORDERS WITH MULTIPLE ITEMS WILL NOT BE SPLIT SHIPPED AND WILL BEGIN AT THE RECEIPT OF THE LAST COM. AHC cannot be held liable for orders that are delayed due to COM receipt.

THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Remedies

AHC SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES, DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF THE GOODS, OR FROM ANY OTHER CAUSE WITH RESPECT TO THE GOODS OR THIS AGREEMENT, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY IN TORT, NEGLIGENCE OR OTHER LEGAL THEORY. AHC’S TOTAL LIABILITY HEREUNDER IN ANY CASE IS EXPRESSLY LIMITED TO REPAIR OR REPLACE (IN THE FORM ORIGINALLY ORDERED), AT AHC’S ELECTION, THE GOODS NOT COMPLYING WITH THIS AGREEMENT, OR TO THE REPAYMENT OF, OR CREDITING BUYER WITH, AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH AFFECTED GOODS. THE REMEDY PROVIDED FOR ABOVE IS THE BUYER’S SOLE REMEDY FOR ANY FAILURE OF AHC TO COMPLY WITH ITS OBLIGATIONS REGARDING THE WORKMANSHIP OF ITS PRODUCTS. AHC’S TOTAL LIABILITY TO BUYER SHALL NOT EXCEED THE PRICE OF THE PRODUCT OR PART ON WHICH SUCH LIABILTY IS BASED.

ANY CLAIM BY BUYER WITH REFERENCE TO THE GOODS SOLD HEREUNDER FOR ANY CAUSE SHALL BE DEEMED WAIVED BY BUYER UNLESS SUBMITTED TO AHC IN WRITING WITHIN FORTY-EIGHT (48) HOURS FROM THE DATE BUYER DISCOVERED, OR SHOULD HAVE DISCOVERED, ANY CLAIM BREACH.

Remedies Upon Default

AHC requires payment for any shipment hereunder in advance. If BUYER fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, AHC may at its option, cancel any unshipped portion of this order, retain the goods, and declare forfeiture of the deposit as liquidated damages.

Exclusions

All AHC’s drawings, descriptions, weights, dimensions and illustrations contained in the AHC catalogs, price lists or advertisements are close approximations only and intended to give a general description of the goods and shall not form part of the agreement. Furniture is handmade and therefore is subject to slight variations. All sizes indicated are within 1/2" variance.

Waiver

Waiver by AHC of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right at any subsequent time. Any such waiver must be in writing and signed by an officer of AHC. 

Severability

In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.

Controlling Law

This agreement shall be deemed to have been executed and delivered by AMBELLA HOME COLLECTION, 4910 Lakawana Street, Dallas, TX 75247. This agreement and all rights and obligations hereunder, including matters of construction, validity and performance shall be governed by the laws of the State of Texas.